Idera, Inc. Terms of Use

Published: January 24, 2004 | Updated: July 23, 2008

Please read these Terms of Use carefully before accessing or using this Web site. If you do not agree to all of the terms and conditions contained in these Terms of Use, do not access or use this site since doing so in that circumstance will constitute unauthorized access and use.

Idera, Inc. makes information available on this Web site ("Site") subject to the following terms and conditions. By accessing or using this Site, including using or downloading any Software or Documents or merely browsing the Site, you agree to these terms and conditions. Idera, Inc. reserves the right to change these terms and conditions at any time without notice. Your access and use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Any rights not expressly granted herein are reserved by Idera, Inc.. These terms represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting, or additional communications. Idera, Inc. reserves the right to modify, amend, alter or suspend all or any potion of these Terms of Use.

Notice Specific to Software Available on this Web Site

Any software that is made available to download from this Site ("Software") is the copyrighted work of Idera, Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Idera, Inc. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Restricted Rights Legend

Any Software downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and Documents by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). The U.S. Government's rights in Software and Documents, including its rights to use, modify, reproduce, release, perform, display or disclose the Software, will be subject in all respects to the commercial license rights and restrictions provided herein.

Notice Specific to Documents Available on this Web Site

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the www.idera.com web site or any other Idera, Inc. owned, operated, licensed or controlled site. Elements of the Idera, Inc. web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Idera, Inc. web site may be copied or retransmitted unless expressly permitted by Idera, Inc..

Idera, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Idera, Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Idera, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Idera, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software, Documents and Services Available on this Web Site

IN NO EVENT SHALL Idera, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE.

Prohibited Activities

Through the Site, Idera, Inc. provides you with qualified use and access to a variety of Materials and Services. Materials includes all information, data, Documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, product information, software, code, programs and products made available or enabled via the Site. Services includes all services and resources offered or enabled by the Site, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, chat areas, communities, e-mail, forums, newsgroups, and other message or communication facilities. As a condition of your access or use of the Site, Services, or Materials, you agree that you are not an Idera, Inc. competitor (or agent thereof) and that you will not use the Site, Services, or Materials for any purpose that is improper, unlawful, or prohibited by the Terms of Use or governing license agreement. As some examples of improper activities when accessing or using the Site, Services. or Materials, you agree that you shall not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site, Services, or Materials.
• Copy, derive, edit, translate, decompile, disassemble, reverse engineer, modify, use, or reproduce any code or source code or source listings relating to the Site, Materials, or Services.
• Use the Site, Services, or Materials to produce, market, evaluate, compare, investigate, or support any product other than Idera, Inc.’s products.
• Use, copy, provide, disclose, or otherwise make available any confidential or proprietary information from the Site, Services, or Materials, including but not limited to documentation or source code of the Services or Materials, in any form, to any third party.
• Use, publish, or disclose the results of any comparative or competitive analyses, benchmark testing, infringement testing, testing or performance specifications of the Services or Materials to any third party.
• Attempt to gain unauthorized access to any portion or feature of the Site, Services, or Materials, or any other systems or networks connected to the Site or to any Idera, Inc. server, by hacking, password “mining” or any other illegitimate means.
• Pretend that you are, or that you represent, someone else or impersonate any other individual or entity.
• Disguise the origin of information transmitted to, from, or through the Site.
• Attempt to gain unauthorized access to any parts of the Site or any Idera, Inc. accounts, computer systems or networks.
• Use, access, or attempt to access any portion of the Site, Materials, or Services that you are not authorized to access or through any means not intentionally made available through the Site, Materials, or Services.
• Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
• Use any deep-link, scraper, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site or any Idera, Inc. accounts, computer systems or networks.
• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• Use any device, software or routine to disrupt, inhibit, interfere, or attempt to interfere with the proper working of the Site, any Idera, Inc. accounts, computer systems or networks, any transaction being conducted on the Site, or with any other person’s use of the Site, Materials, or Services.
• Access or use the Site in any manner that could damage, disable, overburden, slow, deplete, interfere, or impair the Site, Materials, Services, or any Idera, Inc. web site, computer system, computer account, network infrastructural resources, or network.
• Upload or transmit to the Site any device, software, program, or file that may damage the operation of the Site or any Idera, Inc. accounts, computer systems or networks, including without limitation, corrupted files, time bombs, Trojan horses, viruses and worms.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Transmit unsolicited or bulk communications to any Idera, Inc. account holder or to any idera.com or affiliated e-mail address.
• Probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site.
• Reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any Materials or Services through any means not purposely made available through the Site.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Materials, Services, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site.
• Cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site.
• Violate any applicable laws or regulations related to the access to or use of the Site, Services, or Materials, or engage in any activity that is, or that Idera, Inc. deems to be, in violation of the Terms of Use.
• Circumvent any measures by Idera, Inc. aimed at preventing violations of the Terms of Use.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE Idera, Inc.'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Idera, Inc. AND Idera, Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Idera, Inc. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Idera, Inc. OF THE SITE.

Applicable Law

The terms of use set forth herein and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Texas and the United States without regard to the conflict law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by Idera, Inc. at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the State of Texas and a state or federal court of competent jurisdiction located in the County of Harris, Texas.

Export Control Laws

Software available on this Site is subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders. This list is subject to change and you must comply with the list as it exists in fact.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Miscellaneous

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between Idera, Inc. and you with respect to your access to or use of the Site, Materials, and Services and supersedes any prior agreements between you and Idera, Inc. on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Idera, Inc. regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Idera, Inc. services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Idera, Inc.’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, void, invalid, or illegal, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Idera, Inc. to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Headings used in the Terms of Use are for reference purposes only and shall not be used to modify the meaning of the terms and conditions contained herein.

Contact [email protected] with questions or problems, as appropriate.